High Court Dismisses Application to Halt Proceedings
Judge Says Bid Was Intended to Delay Criminal Case
Uganda’s High Court has dismissed an application filed by opposition leader Dr. Kizza Besigye and co-accused Hajji Obeid Lutale seeking to stop treason proceedings against them, clearing the way for their trial to begin on July 13, 2026.
The ruling, delivered electronically through the Electronic Court Case Management Information System (ECCMIS), was handed down by Justice Emmanuel Baguma. The judge described the application as incompetent and an abuse of the court process, saying it appeared to be an attempt to delay the hearing of the main criminal case.
The decision means that Besigye, Lutale and Uganda People’s Defence Forces (UPDF) Captain Denis Oola will now face trial on treason charges.
Accused Claimed Their Rights Were Violated
Besigye and Lutale had asked the court to nullify the charges, arguing that their constitutional right to a fair trial had been violated beyond repair. They also sought unconditional release and requested medical treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims or another suitable medical facility.
In court documents, the two men alleged that they had been unlawfully abducted from Nairobi by Ugandan security operatives and returned to Uganda without due process. They further claimed they were detained incommunicado at Makindye Military Barracks, denied access to lawyers and medical personnel and held beyond the constitutional 48-hour limit before appearing in court.
Besigye also accused Chief of Defence Forces Gen. Muhoozi Kainerugaba of making public remarks that could prejudice his right to a fair trial.
Government Denied Allegations
The Attorney General’s Chambers and other respondents denied all allegations made by the applicants. The government maintained that Ugandan security agencies neither abducted nor arrested the two men in Nairobi and insisted that the accused had access to legal representation and medical care.
State lawyers further argued that the treason charges were based on available evidence and in accordance with the law.
Court Finds No Evidence of Rights Violations
Justice Baguma ruled that the applicants failed to provide credible evidence proving that their rights had been violated.
The judge noted that neither Besigye nor Lutale had raised complaints about the alleged violations during earlier stages of the proceedings, including their first court appearance and committal proceedings. According to the court, the application was only filed after the prosecution was directed to begin presenting witnesses, suggesting that it was intended to delay the trial.
The court also pointed to a recent Constitutional Court decision which held that alleged human rights violations should not automatically terminate criminal proceedings.
Trial Set to Proceed
The High Court ordered that the case proceed without further delay and directed prison authorities to continue granting the defence team reasonable access to the accused persons for trial preparation.
According to prosecutors, the three accused allegedly held meetings in Geneva, Athens, Nairobi and Kampala to solicit funding, acquire weapons and organise paramilitary activities aimed at overthrowing the government.
The prosecution says it will rely on audio and video recordings, social media communications, immigration records and telephone data as evidence during the trial.
